(a)
By jury. When trial by jury has been
demanded as provided in Rule 38, the action shall be
designated upon the register of actions as a jury action. The trial of all
issues so demanded shall be by jury, unless

(a)(1) The parties or their
attorneys of record, by written stipulation filed with the court or by an oral
stipulation made in open court and entered in the record, consent to trial by
the court sitting without a jury, or

(a)(2) The court upon motion or
of its own initiative finds that a right of trial by jury of some or all of
those issues does not exist, or

(a)(3) Either party to the issue
fails to appear at the trial.

(b)
By the court. Issues not demanded for trial by
jury as provided in Rule 38 shall be tried by the court;
but, notwithstanding the failure of a party to demand a jury in an action in
which such a demand might have been made of right, the court in its discretion
upon motion may order a trial by a jury of any or all issues.

(c)
Advisory jury and trial by consent. In all actions not triable of right by a jury the court upon motion or of its
own initiative may try any issue with an advisory jury or, with the consent of
both parties, may order a trial with a jury whose verdict has the same effect
as if trial by jury had been a matter of right.